Page 8 - Fred Tecce News Today

University. welcome to each of you. >> thanks for having me. >> thank you. jon: john, to you first. this guy was convicted, hes sitting on death row but now comes, apparently, the claim that his attorneys didnt give the court enough information about his abusive childhood and, therefore, his conviction should be thrown out, he should get a new trial. is that appropriate? >> i think so. i think there wasnt enough mitigating evidence presented. i think the key is whether or not he had a fair trial...

Its clear ineffective assistance of counsel under the washington v. strickland case. they didnt check the red flags. look, were not saying that strategy wasnt used here, but in order to invest in strategy, you have to know what all your options are. and without the lawyers completing a proper and thorough investigation and at the very least getting a mitigation expert to review the this case, i agree with the court, i think it was ineffective assistance. jon: but, fred, regardless of what led up...

Pistorius says it was a mistake. however the prosecutors tell a different story saying it was intentional. joining me, fred tecce, former federal prosecutor and diana ice man, a criminal defense attorney. diana, what do you make of oscar pistoriuss attorney to have his story, you know, take the stand and testify on his own behalf in this murder trial? good idea or bad? >> great idea, absolutely necessary. he has to get out his state of mind. he was the only other person there. so he has to take ...

>> well, i mean -- >> certainly helps him. >> i dont think it will help him. julie: why, fred, why would it help his move? >> because what theyre trying to do, theyre trying to get someone to testify to undermined the prosecutions testimony that woman eden long before pistorius said. it was inconsistent with his story. under the primacy and latency they think that is the most damning fact. they know quite well that the prosecutor is chomping at the bit to examine him and because the physical evi...

Grabs whatever was in her reach which was her shoe and starts to attack him with the shoe in self-defense. julie: fred, she said that he grew angry and jealous because when they were at a bar another man offered her to buy her a drink? does that hold water for the defense that he got angry and attacked? >> no. because it was inconsistent with the testimony of the cab driver. maybe that was true for the first 18 puncture wounds. but the other 25, taken out of self-defense. julie: turning on to th...

Think the guy is guilty. jon: there were pretty incriminating text messages as too as well brought into evidence. >> exactly. jon: fred tecce, phil snyder. thank you both. >> thanks for having me. jenna: well continue to watch that case. meantime a powerful new pain killer is about to hit pharmacies. some critics are worried that it is so dangerous and so addictive there are calls to make it illegal in several i states. what is this all about? we have two doctors on this story you should know ab...

Stopped. any first year law student will be requisite of murder is first two shots. guy goes to the door and shoots. i dont care if he has his prosthesis on or not. human nature is you cower. i think the evidence against the guy is overwhelming. jon: phil, what do you think? does he stand a chance of escaping a conviction in this case? >> i think he stands a chance only because, fred makes a good point that the first call he made was to that administrator. however, everything that oscar has said...

And recently. primacy is beginning of the case, recently is end of the case. those are the two most important times in jury trial or in this case a bench trial. in the states case the most important witnesses were the beginning witnesses that heard screams and say there were multiple gunshots. now in this case there is delay, that takes it farther duration away and allows the defense more time to prepare and hopefully the judge will consider consider the defenses case and spend less time focusin...

If the judge believes oscars testimony, he could be set free. if not, he has an uphill battle. he will be spending a lot of time in prison. jon: fred, youre the former prosecutor. if he gets on the stand, what is the first question you ask him? >> if he gets on the stand what is the first question i ask him? i go through with painstaking detail the inconsistencies between his testimony an the physical evidence. you know what i ask him, jon, i first question i ask him, why is it your girlfriend i...

That is how far back theyre going. what happens, when they get one guy who comes in. he started cooperating. and that begins the snowball effect. these cases are very hard to win when theyre that old and all of your witnesses are questionable people. however, the government usually doesnt bring a high-profile case like this unless theyre confident they will within at trial. uma: fred, i think i thought it was interesting, there are several people, a number of them, eight turned up dead connected...